Alan J. Lazarus | Drinkler Biddle & Reath | July 1, 2019 The steady but sometimes slow adoption by the states of the Daubert standard for expert admissibility, and the accompanying recession of the Frye standard, is something of a coming of age for the national jurisprudence. Frye has become outmoded and anachronistic in an era of dizzying technological and scientific… Continue reading Growing Pains: The Story Behind Florida’s Daubert Arc – Part 1
Tag: Daubert
Growing Pains: The Story Behind Florida’s Daubert Arc – Part 2
Alan J. Lazarus | Drinker Biddle & Reath LLP | July 8, 2019 The Aftermath of Marsh When the Marsh case was decided in 2007 its broad interpretation of the “pure opinion exception” and narrow vision of the role of Frye took Florida expert evidence admissibility law well out of the mainstream. Florida law was starkly at odds with the… Continue reading Growing Pains: The Story Behind Florida’s Daubert Arc – Part 2
Supreme Court of Florida Upholds the Frye Standard
Andrew O. Gay and Luis Prats | Carlton Fields | November 13, 2018 On October 15, 2018, in the matter of Richard Delisle vs. Crane Co., et al.[1], the Supreme Court of Florida unequivocally reaffirmed that Frye remains the standard for the admission of expert testimony. This reaffirmation comes after the Florida Legislature amended section 90.702 to incorporate… Continue reading Supreme Court of Florida Upholds the Frye Standard
R.I.P. Frye
Michelle Yeary | Drug & Device Law | October 25, 2016 Remember Frye v. United States, the case from 1922 that created the “general acceptance” standard for expert testimony? In the federal system it’s been replaced by Daubert and Federal Rules of Evidence 702 and 703. But Frye was technically a decision under DC law… Continue reading R.I.P. Frye
Close Call on Daubert Question
Squire Patton Boggs | December 29, 2015 In an opinion filed on December 16, the Sixth Circuit discussed a Daubert question that the court declared to be a “close call,” but ultimately agreed with the district court’s finding that the expert testimony was admissible. The Daubert issue was on appeal as part of a complex case that involved a claim made… Continue reading Close Call on Daubert Question